Sankarammal v. The Project Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.01.2025

CORAM:

THE HONOURABLE MRS.JUSTICE N.MALA Sankarammal ...

Petitioner -vs1 The Project Director, National Highways Authority of India, Parvathipuram, Nagercoil - 629 003.

2 The Special Tahsildar, Land Acquisition, Highways (Schemes), Unit - 5, Nagercoil.

...

Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the Respondent No.1 and 2 to provide accesses to the property from the National Highways to the property bearing Survey Number 338 in Marukalkurichi Village, Naguneri Taluk, Tirunelveli District, consequently for direction to enhance the payment of compensation allocated for the acquired property of land in property bearing

Survey Number 339 in Marukalkurichi Village, Naguneri Taluk, Tirunelveli District, by considering the representation made by the petitioner, dated 06.12.2024.

For Petitioner :

Mr.M.Mahaboob Fazil, for M/s.Roy and Roy Associates.

For Respondents : Mr.A.Kannan, Addl. Govt. Pleader.

ORDER

The petitioner has filed this Writ Petition for a mandamus, directing the respondents to provide accesses to the property of the petitioner on the National Highway, and consequently for a direction to enhance the compensation, by considering the representation made by the petitioner, dated 06.12.2024.

2. The petitioner is the owner of the property in Survey No.339 in Marukalkurichi Village, Naguneri Taluk, Tirunelveli District, and a portion of the petitioner's land to an extent of 6950 sq.ft. was acquired by the second respondent in the year 2016 for developing tourism and wayside amenities along the National Highway. According to the petitioner, the acquisition and the subsequent construction of the compound wall obstructed the access to the petitioner's remaining property in Survey No.338. The petitioner,

therefore, submitted a representation on 06.12.2024 to the respondents to provide access to his remaining property and also for enhancement of compensation. The representation was forwarded by the first respondent to the second respondent on 13.12.2024. But, no action was taken by the respondents thereafter. Therefore, the petitioner filed the above writ petition for the aforesaid relief.

3. Learned counsel for the petitioner submitted that though a larger relief has been prayed in the writ petition, it would suffice, if a direction is issued to the first respondent to consider the petitioner's representation, dated 06.12.2024, within a time fixed by this Court.

4. Considering the limited prayer of the petitioner, a direction is issued to the first respondent to consider the representation of the petitioner, dated 06.12.2024, and pass orders on merits and in accordance with law, within a period of twelve weeks from the date of receipt of copy of this order.

5. Writ Petition is disposed of accordingly. No costs. 24.01.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The Project Director, National Highways Authority of India, Parvathipuram, Nagercoil - 629 003.

2 The Special Tahsildar, Land Acquisition, Highways (Schemes), Unit - 5, Nagercoil.

N.MALA, J.

dixit 24.01.2025